of the first class

Sec. 61. The officers of cities of the first class shall con- Officers of cities sist of a mayor, solicitor, treasurer, street commissioner, police judge, prosecuting attorney of the police court, clerk of the police court, all of whom shall be elected; and a civil engineer, a fire engineer, superintendent of the markets, and chief of police, to be appointed by the mayor, with the assent of the council; and the clerk and auditor to be elected by the council; and the council shall have power to provide, by ordinance, for the appointment by the mayor of as many lieutenants of police as may be deemed necessary; provided, that in cities of the first and second class, having a popula tion of less than fifty thousand, embracing a county seat, no election for city treasurer shall be held, but the county treasurer shall, in such cases, act as city treasurer, at a rate of compensation not exceeding five hundred dollars per annum; and, provided further, that all city treasurers now in office shall remain in office, and discharge the duties thereof, until the expiration of the terms for which they respectively may have been elected.

Sec. 64. All appointments of officers of municipal corporations created by law or ordinance, shall be made by the mayor, by and with the advice and consent of the council, and the concurrence of a majority of all the members elected shall be required to confirm any such appointment; and the names of those voting, and for whom they voted, on the vote resulting in an appointment, shall be recorded; provided, that in the case of assistants in the offices of auditor, city clerks, solicitor, treasurer, clerk of police court and city civil engineer, in cities of the first class, the heads of the department shall have power to appoint, subject to the confirmation of the council; provided, nothing herein contained shall in any manner be so construed as to affect or repeal the act of May 6, 1869, entitled "an act to amend section one of an act entitled an act to repeal an act entitled an act supplementary to an act entitled an act authorizing the appointment of metropolitan police commissioners in cities of the first class, with a population of less than one hundred thousand inhabi tants at the last federal census,' passed April 5, 1866, passed March 29, 1867, (O. L. p. 80) and to provide a police for cities of the second class, passed April 16, 1868."

Appointment of corporation otti

eers-how made.

Sec. 69. The emoluments of no officer whose election Emoluments of or appointment is required by this act, shall be increased or officers. diminished during the term for which he may have been elected or appointed; nor shall any change of compensation affect any officer whose office shall be created under authority of this act, during his existing term, unless the office be abol ished; and no person who shall have resigned or vacated any office shall be eligible to the same, during the time for which he was elected or appointed to serve, when during the same time the emoluments have been increased. No member of council shall be eligible to any other office, or to any position on any board provided for in this chapter, or create u by any law or ordinance of council save as provided in chap. ter 46 of this act.

Special elections.

Council to designate places of election.

Tie vote to be decided by lot.

Bonds of officers.

Members must be residents,

&c.

Ex-officio meirs of cou.

Sec. 71. Special elections of members of the council, or of any officer chosen by the electors, shall be held within twenty days after a vacancy happens, or an elective office is created, unless the regular day for municipal elections shall occur within sixty days after such vacancy, at such time and place as the mayor shall direct, so that ten days' notice of such election be first given.

Sec. 72. The council of every municipal corporation shall designate the place or places for holding the regular elections; and in all corporations divided into wards, there shall be a place or places in each ward designated for holding elections.

Sec 78. If more than the number of persons to be elected have an equal number of votes for the same office, then the officers whose duty it is to ascertain the persons elected as above provided, shall determine, by lot, which of the persons receiving such equal number of votes, shall be declared elected; and the election of any municipal officer, except a member of the council, may be contested in the manner provided by law for contesting the election of justices of the peace, except in cities of the first class, having a population of one hundred thousand and upwards, where such election may be contested only in the manner provided for the contesting the election of county officers.

Sec. 80. Each officer named in chapter six, shall, before entering upon the duties of his office, execute a bond, to be approved by the council, in such amount as the council shall, by ordinance, prescribe, conditioned for the faithful performance of the duties of his office; which bond (except the bond of the clerk) shall be deposited with the clerk of the corporation, and be by him, with the approval endorsed thereon, filed and preserved in his office, and the bond of the clerk shall be deposited with the mayor. And the council may, from time to time, make such provision, by order or resolution, for recording all such bonds, as they may deem expedient.

Sec. 83. The members of the council shall be residents of the corporation from which they shall be elected, and if the corporation be divided into wards or districts, then residents of the wards or districts for which they shall be elected, and when, by reason of any alterations in the boundaries of a ward or district, the residence of a member, whose term of office has not expired, shall be found in a ward or district of a different number than the one for which he was elected, he shall, nevertheless, in such case, be deemed and taken to represent the ward or district which at the time of his election included his residence; provided, that if any ward or district, by annexation or otherwise, shall be entirely absorbed, and its identity destroyed, the office of the alderman, councilmen or trustee thereof shall cease.

Sec. 89. The mayor, the city auditor, the city civil engineer and the city solicitor, shall have seats in the council, and be entitled to take part in its proceedings and deliberations on all questions relating to their respective departments,

subject to such rules as the council shall, from time to time, prescribe, but without the right to vote. Said officers may be compelled to attend meetings of the council in the same manner as the members.

of members of

council

Sec. 91. No member of the council or alderman shall Compensation receive any compensation for his services, either as councilman, alderman, committeeman or otherwise, except when acting as judge of election, when he shall receive such compensation as is provided by law for a judge of election.

Sec. 96. In all cases in which the council, or any committee of the members thereof, are authorized to compel the attendance of witnesses for the investigation of matters which may come before them, the presiding officer of the council, or chairman of such committee for the time being, shall have power to administer the requisite oaths; and such council or committee shall have such power to compel the giving of testimony by the attending witnesses as is conferred on courts of justice.

Sec 100. All by-laws, resolutions and ordinances, shall, as soon as may be after their passage, be recorded in a book kept for that purpose, and be authenticated by the signature of the presiding officer and clerk of the council, and all ordinances of a general nature or providing for improvements, shall be published in some newspaper of general circulation in the corporation; if a daily, twice, and if a weekly, once, before going into operation. And no ordinance shall take effect until the expiration of ten days after the first publication of such notice.

Sec. 129. The clerk shall, on or before the third Monday in March of each year, make and enter in the record book of the corporation an account of all the receipts and expenditures of the corporation of the preceding year, stating from what sources the money was received, and for what purposes expended, and showing the exact condition of the several funds of the corporation.

Oaths of wit

nesses.

Recording and publishing bylaws, ordinances, &c.

Duties of city clerk as to reand expendi tures.

cord of receipts

Sec. 130. He shall cause a condensed statement of such Statement to be account, which shall be approved and certified to by the mayor, posted. to be posted up at the places of holding elections for officers of the corporation on the first Monday of April, annually; and the clerk shall publish the same in some newspaper published or of general circulation in the corporation at least five days prior to the first Monday of April; and upon the order of the council, the clerk shall at any time furnish to them a detailed statement of all receipts and disbursements, for such period as they may require.

Sec. 131. He shall, on or before the first Monday in Report to state auditor, &c. June, in each year, report to the auditor of state the aggregate expenses of such corporation for the preceding year, under the following heads: school, police, streets, bridges, fire department, lights, poor, salaries and interest; and also the amount of the general corporation tax for all the preceding objects, and for any others not enumerated, and the special taxes levied and collected by the corporation for the

Duty of exofficio corporation treasurer.

When tax-payer may institute suit.

Writ of error to common pleas.

Powers of clerk

same period; any corporation clerk who shall neglect to make report as above provided, shall forfeit and pay the sum of one hundred dollars, to be recovered before any court having jurisdiction of the subject matter, in the name and for the use of the corporation; provided, that in cities where there are city auditors, they shall perform the duties imposed upon the clerks, in sections 129, 130 and 131.

Sec. 156. In all corporations in which the county treasurer is by law made ex-officio the corporation treasurer, except when under the provisions of section sixty-one of this act he may be appointed city treasurer, such county treasurer, if he has already entered upon the duties of his office, shall continue to act as such corporation treasurer until the expiration of his term of office; all moneys in the hands of such county treasurer, acting ex-officio as corporation treasurer, shall, upon the termination of his office, be transferred to the corporation treasurer.

Sec. 160. In case the solicitor shall fail, upon the request of any of the tax-payers thereof, to make the application provided for in the preceding section, it shall be lawful for such tax payer to institute a suit in his own name, on behalf of the corporation; provided, that no such suit or proceeding shall be entertained by any court, until such request shall have first been made in writing.

Sec. 179. Any final conviction or sentence of the police court, may be examined into by the court of common pleas on writ of error, which may be allowed by such court or judge thereof, for sufficient cause, and proceedings may be stayed as may be deemed reasonable, and the revising courts shall, in such proceedings, take judicial notice of all ordinances, bylaws or resolutions of the city or village, the judgment of whose mayor or police judge said court may be examining. Sec. 185. He shall have power to administer oaths, and of police court. to appoint two or more deputies, to be approved by the council, who shall receive such reasonable compensation, not exceeding fifteen hundred dollars per annum, as the council shall prescribe. Such clerk is also authorized, in the absence of the judge or mayor, to admit to bail any person or persons who may be under an arrest for any misdemeanor or minor offense, or for the violation of any ordinance, for his, her or their appearance before the judge or mayor, as the case may be, for any period not exceeding twenty-four hours.

General pow.

Sec. 199. All cities and incorporared villages shall have ers of cities and the general powers hereinafter mentioned, and may provide by ordinance for the exercise of the same.

villages.

1. To prevent riots, gambling, noise and disturbance, indecent or disorderly conduct or assemblages, preserve peace and good order, and to protect the property of the municipal corporation and its inhabitants.

2. To prevent injury or annoyance from anything dangerous, offensive or unhealthy, and to cause any nuisance to be abated.

3. To suppress billiard tables, nine or ten pin alleys or tables, and ball alleys; and to authorize the destruction of all instruments or devices used for the purpose of gaming.

4. To suppress and restrain disorderly houses, and houses Brothels, &c. of ill-fame, and provide for the punishment of all lewd and lascivious behavior in the streets and other public places.

5. To regulate, restrain and prohibit, ale, beer and porter houses or shops; and houses and places of notorious or habitual resort for tippling or intemperance.

6. To regulate taverns and other houses for public entertainment.

Porter houses, &c.

Taverns.

tures, &c.

7. To regulate or prohibit all theatrical exhibitions and Theatres, lecpublic shows, and all exhibitions of whatever name or nature for which money, or other reward, is in any manner demanded or received; but lectures on historic, literary or scientific subjects, shall not come within the provisions of this section.

8. To regulate or prohibit the sale of live domestic animals Animals at aucat public auction, on the streets, alleys, highways, or any pub- tion.

lic ground within the corporation.

9. To regulate, license, or prohibit, the auctioneering of Auctioneering. goods, wares and merchandise imported into the corporation

for the purpose of being sold at auction.

10. To regulate the use of all carts, drays, wagons, hack- Carriages. ney-coaches, omnibuses, and every description of carriages which may be kept for hire, and all livery-stables.

11. To regulate and restrain the running at large, within the limits of the corporation, of cattle, horses, swine, sheep, goats, geese and other animals, and to impound and hold the same, and, on notice to the owners, to authorize the sale of the same, or any portion thereof, for the penalty imposed by any ordinance and the costs and expenses of the proceeding. 12. To prevent the running at large of dogs, and injuries and annoyances therefrom, and to authorize the destruction of the same when running at large contrary to the provisions of any ordinance to that effect.

Running at large of cattle,

&c.

13. To prevent and punish fast driving or riding of ani- Fast driving, mals, or fast driving or propelling of vehicles, through or on

the public highways.

&c.

14. To regulate the transportation and keeping of gun- Gunpowder, powder and other combustibles and explosives, and provide &c. or license magazines for the same.

15. To regulate the transportation of articles through the Transportation. streets, and prevent injuries to the streets from overloaded

vehicles.

16. To regulate the weighing and measuring of hay, wood, Weighing, &c.] coal, and all other articles exposed for sale.

17. To guard against injuries by fire.

Fire.

18. To provide for the laying down of gas pipes; to lay off, Gas lights, &c. establish, open, widen, straighten, extend, improve, keep in order and repair, and to light streets, alleys, public grounds and buildings, wharves, landing places, bridges and market spaces, within the corporation, including any portion of any turnpike or plank road therein, surrendered to, or condemned by the corporation.

19. To construct, open, enlarge, excavate, improve, deepen, straighten or extend, any canal, ship canal, or water course, Canals, &c. located in whole or in part within the corporation.